IPC 323 in the new BNS 2023

If you have been named in an FIR or notice under this section, the section number alone does not decide the outcome — the facts, the evidence and the procedure do. Many cases turn on procedural lapses, bail strategy and the exact ingredients of the offence.

This is the section that covers ordinary assault causing injury, and it is one of the most frequently registered offences in India. Neighbour disputes, workplace scuffles and family quarrels commonly end up here. Under the BNS the punishment provision moved to Section 115(2).

What the section requires

For the offence to be made out, these ingredients have to be established:

• the accused caused hurt, meaning bodily pain, disease or infirmity
• the act was voluntary, that is, done intending to cause hurt or knowing it was likely
• the injury falls short of grievous hurt, which is a separate and more serious category

What changed from the IPC

The ingredients of the offence are unchanged, but the financial consequence is not. Under IPC 323 the fine was capped at ₹1,000. Under BNS 115(2) the maximum fine rises to ₹10,000, a tenfold increase, while the maximum imprisonment stays at one year. The shift reflects a broader design choice across the BNS, which leans harder on monetary penalties for lower-level offences than the IPC did.

How this section is distinguished from related offences

Hurt under BNS 115 must be distinguished from grievous hurt, which now sits at BNS 117 and carries far heavier punishment. Grievous hurt is a defined list rather than a matter of impression: it includes emasculation, permanent loss of sight or hearing, loss of a limb or joint, permanent disfiguration of the head or face, fracture or dislocation of a bone or tooth, and any injury that endangers life or leaves the victim unable to follow their ordinary pursuits for twenty days. If the injury is not on that list and does not endanger life, the offence is simple hurt, not grievous hurt. Medical evidence, particularly the injury report, usually settles which category applies.

How the case proceeds

Cases at this level are tried by a magistrate. The injury certificate issued by the examining doctor carries substantial weight, because it records the nature of the injuries and whether they were simple or grievous. Because these matters often arise from personal disputes, compounding is frequently relevant: many hurt offences can be settled between the parties with the court's permission, which ends the prosecution.

Evidence that usually decides these cases

The medico-legal certificate prepared when the injured person is examined is the document that usually decides the case, because it records the nature, number and age of the injuries and classifies them as simple or grievous. Beyond it, courts look at the promptness of the complaint, whether the injuries described match the version given, and whether there are cross-injuries suggesting a mutual fight rather than a one-sided assault. Delay between the incident and the medical examination weakens the link between the two.

How courts approach sentencing

The maximum is one year, or a fine which may extend to ₹10,000, or both, and in practice sentences at this level are frequently at the lower end or confined to a fine, particularly for a first offence arising from a spontaneous quarrel. Because the offence sits low on the scale, courts weigh the provocation, the relationship between the parties and whether the injury was fleeting or lasting.

Defences that commonly apply

Private defence is the most common answer where both sides sustained injuries, and it requires that the force used was proportionate to a reasonable apprehension of harm. Absence of the voluntary element also matters: an injury caused accidentally, without intention or the knowledge that hurt was likely, does not satisfy the section. Where the complaint is a counterblast to an earlier complaint by the accused, the sequence of the two FIRs becomes significant.

How a case under this section typically progresses

These matters usually begin with a complaint and a medical examination, and the injury certificate follows within days. Where the offence is one a magistrate can try summarily or as a summons case, the process is comparatively short: the accused appears, the substance of the accusation is explained, evidence is led and the matter is decided. Many cases at this level never reach a full contested trial, because hurt offences are frequently compounded once the parties settle, with the court's permission. Where cross-complaints have been filed by both sides, the two cases are often heard together.

Documents worth gathering early

Obtain the medico-legal certificate and any prescription, discharge summary or diagnostic report relating to the injuries, whether the injuries are your own or the complainant's. Photographs taken close to the incident, showing the injuries and the location, are useful because they are dated and difficult to dispute later. Where the incident occurred in a public place, a shop or a residential complex, CCTV footage is often overwritten within days and should be requested immediately in writing. Contact details of independent witnesses, meaning people not related to either side, are frequently the most valuable and the most easily lost.

Note on bail and cognizability. Whether an offence is cognizable, and whether it is bailable, is set by the First Schedule to the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, not by the BNS section itself. Because that classification decides whether police can arrest without a warrant and how bail is approached, check it for your specific section with an advocate rather than relying on a general summary.

If you have been named under this section

The most consequential document in a simple hurt case is usually the medico-legal report, so obtaining a copy early matters. Where the dispute is personal and both sides have injuries, cross-complaints are common and the sequence of events becomes the contested issue. Because the offence sits at the lower end of the scale, resolution through compounding or mediation is often faster and cheaper than a contested trial, but that is a decision to take with an advocate rather than under pressure from the other side.

Common misunderstandings

"Any physical fight is grievous hurt."
Grievous hurt is a closed statutory list. An injury that is painful but not on that list, and that does not endanger life or disable the victim for twenty days, is simple hurt.

"A compromise automatically ends the case."
Compounding usually requires the court's permission, and not every offence is compoundable. The settlement has to be recorded properly to have effect.

"The fine is still ₹1,000."
Under BNS 115(2) the maximum fine is ₹10,000. The old ₹1,000 cap belonged to IPC 323 and applies only to offences committed before 1 July 2024.

Related BNS sections

• BNS 115 — Voluntarily causing hurt
• BNS 117 — Grievous hurt (IPC 325)
• BNS 118 — Hurt by dangerous weapons (IPC 324)
• BNS 131 — Assault or criminal force (IPC 352)

Which code applies to your case

The Bharatiya Nyaya Sanhita 2023 replaced the Indian Penal Code 1860 with effect from 1 July 2024, and the change is not retrospective. The date the offence is alleged to have been committed decides which code governs it. An offence alleged to have occurred on or after 1 July 2024 proceeds under the BNS. An offence alleged to have occurred before that date continues to be investigated, tried, appealed and punished under the IPC, even where the FIR was registered later. Cases from the transition period frequently cite both numbering systems, which is why the old section number remains worth knowing.

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General information for understanding the IPC→BNS change, not legal advice. The BNS restructured many offences — confirm the exact section, sub-section and punishment with a licensed advocate.